29 July 2016 – Anthony Llewellyn and Amanda McHenry – The Harness Racing Victoria (HRV) Racing Appeals and Disciplinary (RAD) Board today heard a matter in regards to charges issued by HRV Stewards under the Australian Harness Racing Rules (AHRR) against licensed trainer Mr Anthony Llewellyn and licensed trainer/driver Ms Amanda McHenry.
Charges
Mr Llewellyn was charged under AHRR 190(1), which reads as follows:
A horse shall be presented for a race free of prohibited substances.
The charge related to a post-race urine sample collected from the horse ‘Land Of Panaarm’ following it competing in Race 1 at Melton on 25 September 2015. Racing Analytical Services Limited (RASL) reported that analysis of the urine sample revealed the sample to contain the prohibited substances amphetamine and hydroxyamphetamine. The Australian Racing Forensic Laboratory (ARFL) in New South Wales reported confirmation of these findings in the reserve portion of the relevant urine sample. Mr Llewellyn was also issued with a charge under AHRR 190B for failing to keep and maintain a log book.
On 29 October 2015, as part of the investigation, Mr Llewellyn and Ms McHenry provided urine samples that were subsequently analysed by RASL for any banned substances. RASL reported that the samples provided by both Mr Llewellyn and Ms McHenry revealed the presence of amphetamine. Mr Llewellyn and Ms McHenry were subsequently each charged under AHRR 252C and AHRR 250 (1)(a) respectively regarding these results.
On 28 January 2016, Mr Llewellyn provided a further urine sample that was shown, upon analysis by RASL, to also contain the banned substance amphetamine.
Mr Llewellyn was also issued with a charge under AHRR 231(1) for acting in an abusive manner towards HRV Stewards when interviewed as part of the investigation on 15 February 2016.
Mr Llewellyn and Ms McHenry were both issued with a charge, relating to the same set of circumstances, under AHRR 187 (2) for providing false information to stewards when interviewed on 29 October 2015.
Pleas
Mr Llewellyn pleaded guilty to all 6 charges. As a result of Mr Llewellyn’s plea to the charge issued against him with respect to 187(2), a charge issued against Ms McHenry under the same rule was withdrawn by HRV Stewards. Ms McHenry pleaded guilty to both remaining charges.
Penalty
In deciding an appropriate penalty for the offences, the HRV RAD Board considered the nature of the substances involved, previous cases involving the substances in Victoria and interstate, the clear record of both persons in regard to these matters, their respective involvement and history in the industry and the personal circumstances relevant to both Mr Llewellyn and Ms McHenry. The RAD Board also took into account that Mr Llewellyn and Ms McHenry had their respective licences suspended by HRV Stewards for the majority of the investigation. The penalties imposed were;
Anthony Llewellyn
Charge 1 – AHRR 190 (1) 18 Months disqualification
Amanda McHenry
Charge 1 – AHRR 250 (1)(a) 8 months suspension (time served)
Charge 2 – AHRR 187 (2) – $750
The HRV RAD Board also directed that prior to being considered for re-licensing, Mr Llewellyn and Ms McHenry must provide evidence of having completed a relevant counselling course and provide a urine sample clear of banned substances.
Acting under AHRR 195 it was also ordered that Land Of Panaarm be disqualified from Race 1 at Melton on 25 September 2015 and that the placings be amended accordingly.
Racing Appeals & Disciplinary Board